The Oregon Stalking Order Guide: How To Fight & Penalties
An Oregon stalking order is meant to protect a victim from unwanted, repeated contact from another individual. Unfortunately, some people use these protective orders unjustly to gain the upper hand in custody battles or other personal disputes.
If you’ve been served an Oregon stalking order and you want to fight it, Powell Law can help! We can investigate your case and help you put together a defense that may help you get the order terminated.
Read on to learn about stalking orders in Oregon, how to fight them, and what happens if you violate an order.
What Is a Stalking Order in Oregon?
Stalking is a serious offense that leaves victims feeling frightened for their well-being. Sometimes, stalking even escalates to violent behavior toward the victim. Stalking typically involves following the victim, uninvited visits to the home or workplace, surveillance, and/or repeated contact.
An Oregon stalking order is a legal document that is issued by a court to protect someone from being stalked by another individual. Once the stalking order is granted, the respondent (the person being accused of stalking) is ordered to stop all contact with the victim, his or her family, and his/her household.
To obtain an Oregon stalking order, the petitioner, or person seeking protection, files a petition with the court outlining the reasons for their request. The petitioner also provides evidence of the stalking behavior. If the court finds enough evidence to support the petition, it may issue a stalking order that restricts the respondent from contacting the petitioner. Each stalking order has slightly different provisions based on the unique case.
If you have an Oregon stalking order against you, violating the order can result in legal consequences, including fines and possible arrest. You need to understand the terms of the order to avoid further legal issues.
Stalking Laws in Oregon
Every state of the US has its own laws regarding stalking. According to Oregon State Law (ORS 30.866), a petitioner can request a stalking order if:
“The respondent intentionally, knowingly, or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner’s immediate family or household…
“It is objectively reasonable for a person in the petitioner’s situation to have been alarmed or coerced by the contact; and
The repeated and unwanted contact causes the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner’s immediate family or household.”
This means that a person commits the crime of stalking if they intentionally and repeatedly engage in conduct that would cause another person to feel alarmed or coerced. This can be direct, meaning the respondent is the one contacting or approaching the petitioner, or indirect, meaning the respondent is sending other people to contact the petitioner. This behavior must also cause the victim to be afraid for their physical safety or the safety of their family.
Stalking behavior can include
Following or surveilling the victim
Making unwanted contact through phone calls, emails, or social media
Damaging the victim’s property
Committing a crime against the victim
Any other conduct intended to intimidate or harass.
In Oregon, stalking is usually charged as a Class A misdemeanor that is punishable by a maximum of one year in jail and a fine of up to $6,250. If the perpetrator has a previous stalking conviction, a protective order is in place, or the victim is under 18 years old, however, the offense can be elevated to a felony charge.
What to Do If There’s a Stalking Order against You in Oregon
If a stalking order has been issued against you, it’s essential that you understand and comply with all the terms of the order. Otherwise, you may face further legal consequences. Here are some things you should do if there’s a stalking order against you in Oregon:
Review the order: Each Oregon stalking order will have unique restrictions and requirements imposed by the court. Make sure you carefully read the order to understand it fully. Make note of any deadlines or court appearances.
Comply with the order: You must comply with all the provisions, including refraining from any contact or communication with the petitioner and avoiding any behavior that could be perceived as stalking.
Seek legal advice: If you believe the stalking order was issued unjustly or if you have questions about your rights and legal obligations under the order, you should consider consulting with an experienced attorney like Powell Law. We can provide you with guidance and representation throughout the legal process.
Attend court hearings: Make sure to attend any court hearings that are scheduled. If you don’t appear in court, you may face further legal consequences. The court hearings also typically allow you to share your side of the story. If the Oregon stalking order is frivolous or false, this is a chance for you to have the order dismissed.
Gather evidence: If you believe there are grounds to challenge the stalking order or you have evidence to disprove the allegations, gather any relevant documentation, witnesses, or other evidence to support your case. Your attorney can help you prepare and present the evidence in court.
File a motion: If you wish to contest the stalking order or seek modifications, your attorney can help you file the necessary paperwork and represent your interests in court proceedings.
Stalking Protective Order Process
While every stalking case is different, most of them follow the same legal process. When a stalking order petition is filed, the court schedules a hearing with the petitioner to hear their evidence. This occurs ex parte, meaning without notifying the respondent. If the petitioner meets the requirements for a protective order, the judge will issue a temporary stalking order as well as set a date for a contested hearing. The order will then be served to the respondent within a day.
The contested hearing is an important opportunity for both the petitioner and the respondent to present evidence before the judge. If you've been served an Oregon stalking order, make sure you attend the hearing. You may also want to hire an attorney to represent you. At this hearing, the judge will determine whether to issue a permanent Oregon stalking order or to dismiss the order altogether.
The Process of Getting It Dismissed
Once a permanent stalking order is issued, it remains in place without an expiration date. An Oregon stalking order can be dismissed by the petitioner at any time by filing a motion with the court. But if you have a stalking protective order issued against you, you may be wondering what sort of options you have.
First and foremost, do not approach the petitioner to ask them to drop the stalking protective order. This violates the order and puts you at risk of jail time or fines. Instead, you’ll need to go through the courts to request the order be terminated.
You need to understand the reasons it was issued against you. This can help you identify the grounds on which you can seek termination. According to Oregon law, once the conditions of the stalking order are no longer present, the order may be terminated.
To get the Oregon stalking order terminated, you’ll need to file a petition with the court. This is when it’s important to consult with an experienced attorney, like Powell Law. We can provide expert legal advice, assess your case, and help gather evidence to demonstrate a lack of harassment.
If the court schedules a hearing to consider your motion to terminate, we’ll represent you in court and present your case to the judge, allowing you to tell your side of the story.
What Happens if You Violate a Stalking Order in Oregon
Whether you believe the Oregon stalking order is frivolous or not, you must follow all the stipulations of the order. Violating a stalking order is a serious offense with legal consequences, including jail time, fines, and probation.
In Oregon, violating a stalking order is considered a Class A misdemeanor, punishable by a maximum of one year in jail and a fine of up to $6,250. However, if you have a prior conviction for stalking or violating a protective order, or if the violation involves aggravating factors, the offense can be elevated to a felony charge with more severe penalties. In addition to criminal penalties, you may also face civil liability for any damages caused by the violation, such as emotional distress or property damage.
It’s crucial to take Oregon stalking orders seriously and comply with all provisions to avoid violating the order. If you believe that a stalking order has been issued against you unfairly, or if you have questions about your rights, Powell Law can help. We’ll assess your case, answer questions, and gather evidence that may help you get the order terminated.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
